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Where do you all sit on the Redskins Trademark Issue?
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easytapper
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5 Nov ’15 - 9:14 pm
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Personally, I think it's the biggest pile of dog crap going.

First of all, why are courts deciding what is a suitable or unsuitable trademark??  Why not let the free market decide?

Secondly, once a Trademark is issued, no one should be allowed to revoke it.  Tons of money and time have been invested in developing, promoting and defending a trademark just so someone can come along and say it's no longer tasteful?

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earthenstead
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5 Nov ’15 - 10:24 pm
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K
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6 Nov ’15 - 9:00 am
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I agree with you, it is political correctness gone insane, back in 2000 there was huge pressure for a local ski resort to change their name from squaw mountain, the owner told everyone to pound sand

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easytapper
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6 Nov ’15 - 10:15 pm
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It kind of dawned on me today.  This kind of falls into the area of eminent domain.  If they're going to take it, then they need to pay them fair market value imo.

For the record, I'm not a Skins fan.  I just really don't believe in this.

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earthenstead
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7 Nov ’15 - 3:12 am
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Better?

 

They are potentially in violation of the Lanham (Trademark) Act, 15 U.S.C. § 1052 : US Code - Section 1052: Trademarks registrable on principal register; concurrent registration

 

Federal trademark law does not permit registration of trademarks that “may disparage” individuals or groups or “bring them into contempt or disrepute.” The ruling pertains to six trademarks associated with the team, each containing the word “Redskin.”

https://www.washingtonpost.com/local/us-patent-office-cancels-redskins-trademark-registration-says-name-is-disparaging/2014/06/18/e7737bb8-f6ee-11e3-8aa9-dad2ec039789_story.html

 

That said, they began as the Boston Redskins in 1933, while the Lanham (Trademark) Act took effect on July 6, 1947. I don't know if that would qualify for any kind of "grandfathered" status.

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easytapper
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7 Nov ’15 - 8:36 am
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I would think 14 years would be enough to qualify for a grandfather status (or at least it should be).  But they've been in existence for 82 years, and now someone wants to do something about it??  BS imo.

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earthenstead
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7 Nov ’15 - 11:58 am
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easytapper said
I would think 14 years would be enough to qualify for a grandfather status (or at least it should be).  But they've been in existence for 82 years, and now someone wants to do something about it??  BS imo.

 

I had hoped to come across something about what the law was at the time they registered, or at least mention of considerations of grandfathering, but found nothing.

 

Intellectual Property (IP) law was a subject of interest to me when I was younger. Now that I've been dealing with other legal stuff I've been putting much more energy into trying to grasp various legal subject matter in general.

 

It's time consuming so I need to pick and choose what I research, but this thread persisted long enough to prompt the research in the post above. -- That said, if someone wants to pickup where I left off, I still want those answers, but can't dedicate any more time to it myself.

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DangerDuke
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7 Nov ’15 - 6:52 pm
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Stupid imo. The same thing happened with the Baltimore Bullets back in the day. I think the owner just caved to the pressure though.

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